Madras High Court Dismisses Writ Petition as Withdrawn in Service Matter — Petitioner Sought Revised Pay Scale and Arrears. Court Permits Withdrawal Without Adjudication on Merits.

High Court: Madras High Court
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Case Note & Summary

The petitioner, A. Varatharasu, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Certiorarified Mandamus to quash an order dated 01.07.2022 passed by the third respondent (Senior Deputy Secretary, Marine Department, VOC Port Trust) and to direct the respondents to disburse the revised scale of pay of Rs.14900-34600 as fixed on 10.12.2015 with effect from 26.11.2015, along with arrears and interest. The respondents included the State of Tamil Nadu, the Chairman of the Marine Department, the Senior Deputy Secretary, and the District Collector of Salem. The petitioner was represented by Mr. C. Venkatesh Kumar, while the respondents were represented by the Additional Government Pleader and Mr. Arivuchandran. However, before the court could adjudicate the matter, the petitioner's counsel circulated a letter dated 06.01.2025 seeking permission to withdraw the writ petition. The court, recording the request, dismissed the writ petition as withdrawn and closed the connected miscellaneous petitions, with no order as to costs. The judgment does not discuss the merits of the case or any legal issues, as the matter was withdrawn at the initial stage.

Headnote

A) Service Law - Pay Revision - Withdrawal of Petition - Petitioner sought to withdraw the writ petition challenging an order regarding revised pay scale - Court permitted withdrawal and dismissed the petition as withdrawn without adjudicating on merits - Held that no order as to costs (Paras 1-2).

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Issue of Consideration

Whether the petitioner is entitled to revised pay scale and arrears as per the impugned order.

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Final Decision

Writ petition dismissed as withdrawn. No order as to costs. Connected miscellaneous petitions closed.

Law Points

  • Withdrawal of writ petition
  • No adjudication on merits
  • No order as to costs
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Case Details

2025 LawText (MAD) (01) 288

W.P.(MD)No.16279 of 2022 and W.M.P.(MD)Nos.11765 & 11766 of 2022

2025-01-07

M.S. Ramesh, A.D. Maria Clete

Mr. C. Venkatesh Kumar for M/s. Ajmal Associates (for petitioner), Mr. J. Ashok, Additional Government Pleader (for respondents 1,2 & 4), Mr. Arivuchandran (for respondent 3)

A. Varatharasu

1. The State of Tamil Nadu, 2. The Chairman, Marine Department, VOC Port Trust, 3. The Senior Deputy Secretary, Marine Department, VOC Port Trust, 4. The District Collector, Salem District

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging an order regarding revised pay scale and seeking disbursement of arrears.

Remedy Sought

Petitioner sought quashing of the impugned order dated 01.07.2022 and direction to respondents to disburse revised pay scale of Rs.14900-34600 w.e.f. 26.11.2015 with arrears and interest.

Filing Reason

Petitioner was aggrieved by the order of the third respondent dated 01.07.2022 regarding pay revision.

Issues

Whether the petitioner is entitled to the revised pay scale and arrears as claimed.

Submissions/Arguments

Petitioner's counsel sought permission to withdraw the writ petition via letter dated 06.01.2025.

Ratio Decidendi

The court permitted withdrawal of the petition without adjudicating on merits, hence no legal principle was established.

Judgment Excerpts

Learned Counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petition by circulating a letter to the Registry dated 06.01.2025. Recording the same, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.

Procedural History

The writ petition was filed in 2022. On 07.01.2025, the petitioner's counsel sought withdrawal via letter dated 06.01.2025, and the court dismissed the petition as withdrawn.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Dismisses Writ Petition as Withdrawn in Service Matter — Petitioner Sought Revised Pay Scale and Arrears. Court Permits Withdrawal Without Adjudication on Merits.
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